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THE WAKF ACT, 1995

ACT No. 43 OF 1995

22nd November, 1994

An Act to provide for the better administration of Wakfs and for matters connected therewith or incidental

thereto

BE it enacted by Parliament in the Forty-sixth year of the Republic of India as follows: -

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement: (1) This Act may be called the Wakf Act, 1995.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force in a State on such date as the Central government may, by notification in the Official

Gazette, appoint; and different dates may be appointed for different areas within a State and for different provisions

of this Act, and any reference in any provision to the commencement of this Act, shall, in relation to any State or

area therein, be construed as reference to the commencement of that provision in such state or area.

2.Application of the Act: Save as otherwise expressly provided under this Act, this Act shall apply to all wakfs

whether created before or after the commencement of this Act:

Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb

Act, 1955 (36 of 1955.) applies.

3.Definitions:In this Act, unless the context otherwise requires-

(a) "beneficiary" means a person or object for whose benefit a wakf is created and includes

religious, pious and charitable objects and any other objects of public utility sanctioned by the

Muslim law;

(b) 'benefit" does not include any benefit which a mutawalli is entitled to claim solely by reason of

his being such mutawalli;

(c) "Board" means a Board of wakf established under sub-section 91), or as the case may be, under

sub-section 92) of section 13 and shall include a common Wakf Board established under section

106;

(d) "Chief Executive Officer" means the chief Executive Officer appointed under sub-section (1)

of section 23;

(e) "Council" means the Central Wakf Council established under section 9;

(f) "Executive Officer" means the Executive Officer appointed by the Board under sub-section (1)

of section 38;

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(g) "list of wakfs" means the list of wakfs published under sub-section (2) of section 5;

(h) "member" means a member of the Board and includes the Chairperson;

(i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by

which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and

includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanshin, amin or other person appointed by a mutawalli to

perform the duties of a mutawalli and save as otherwise provided in this Act, any persons,

committee or corporation for the time being managing or administering any wakf or wakf

property:

Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless

such member is an office bearer of such committee or corporation;

(j) 'net annual income", in relation to a wakf, means net annual income determined in accordance

with the provisions of the Explanations to sub-section (1) of section 72;

(k) "person interested in a wakf" means any person who is entitled to receive any pecuniary or

other benefits from the wakf and includes-

(i) any person who has a right to worship or to perform any religious rite in a

mosque idgah, imambara, dargah, khangah, maqbara, graveyard or any other

religious institution connected with the wakf or to participate in any religious or

charitable institution under the wakf;

(ii) the wakif and any descendant of the wakif and the mutawalli;

(l) "prescribed", except in Chapter III, means prescribed by rules made by the State Government;

(m) "regulations" means the regulations made by the Board under this Act;

(n) "Shia wakf" means a wakf governed by Shia law;

(o) "Sunni wakf" means a wakf governed by Sunni law;

(p) "Survey Commissioner" means the Survey Commissioner of Wakf appointed under sub-

section (1) of section and includes any Additional or Assistant Survey Commissioners of wakfs

under sub-section (2) of section 4;

(q) "Tribunal", in relation to any area, means the Tribunal constituted under sub-section (1) of

section 83, having jurisdiction in relation to that area;

(r) "wakf" means the permanent dedication by a person professing Islam, of any movable orimmovable property for any purpose recognised by the Muslim law as pious, religious or

charitable and includes -

(i) a wakf by user but such wakf shall not cease to be a wakf by reason only of

the user having ceased irrespective of the period of such cesser;

(ii) "grants", including mashrut-ul-khidmat for any purpose recognised by the

Muslim law as pious, religious or charitable; and

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(iii) a wakf-alal-aulad to the extent to which the property is dedicated for any

purpose recognised by Muslim law as pious, religious or charitable,

and "wakf" means any person making such dedication;

(s) "wakf deed" means any deed or instrument by which a wakf has been created and includes any

valid subsequent deed or instrument by which any of the term of the original dedication have beenvaried;

(t) "Wakf Fund" means a wakf fund formed under sub-section (1) of section 77.

CHAPTER II

SURVEY OF WAKFS

4.Preliminary survey of wakfs:(1) The State Government may, by notification in the Official Gazette, appoint for

the State a Survey Commissioner of Wakfs and as many Additional or Assistant Survey Commissioners of Wakfs as

may be necessary for the purpose of making a survey of wakfs existing in the State at the date of the commencement

of this Act.

(2) All Additional and Assistant Survey Commissioners of Wakfs shall perform their functions under this Act under

this Act under the general supervision and control of the Survey Commissioner of Wakfs.

(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in

respect of wakfs existing at the date of the commencement of this Act in the State or any part thereof, to the State

Government containing the following particulars, namely: -

(a) the number of wakfs in the State showing the Shia wakfs and Sunni wakfs separately;

(b) the nature and objects of each wakf;

(c) the gross income of the property comprised in each wakf;

(d) the amount of land revenue, cesses, rates and taxes payable in respect of each wakf;

(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the

mutawalli of each wakf; and

(f) such other particulars relating to each wakf as may be prescribed.

(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court

under the Code of Civil Procedure, 1908(6 of 1908) in respect of the following matters, namely: -

(a) summoning and examining any witness;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record from any court or office;

(d) issuing commissions for the examination of any witness or accounts;

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(e) making any local inspection or local investigation;

(f) such other matters as may be prescribed.

(5) If, during any such inquiry, any dispute arises as to whether a particular wakf is a Shia wakf or Sunni wakf and

there are clear indications in the deed of wakf as to its nature, the dispute shall be decided on the basis of such deed.

(6) The State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a

second or subsequent survey of wakf properties in the State and the provisions of sub-sections (2), (3), (4) and (5)

shall apply to such survey as they apply to a survey directed under sub-section (1):

Provided that no such second or subsequent survey shall be made until the expiry of a period of twenty years from

the date on which the report in relation to the immediately previous survey was submitted under sub-section (3).

5.Publication of list of works:(1) On receipt of a report under sub-section (3) of section 4, the State Government

shall forward a copy of the same to the Board.

(2) The Board shall examine the report forwarded to it under sub-section (1) and publish in the Official Gazette of a

list of Sunni wakf or Shia wakfs in the State, whether in existence at the commencement of this Act or coming intoexistence thereafter, to which the report relates, and containing such other particulars as may be prescribed.

6.Disputes regarding wakfs:(1) if any question arises whether a particular property specified as wakf property in

the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the

Board or the mutawalli of the wakf or any person interested therein may institute a suit as a Tribunal for the decision

of the question and the decision of the Tribunal in respect of such matter shall be final:

Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of thepublication of the list of wakfs.

Explanation: For the purposes of this section and section 7, the expression "any person interested therein", shall, in

relation to any property specified as wakf property in the list of wakfs published after the commencement of this

Act, shall include also every person who, though not interested in the wakf concerned, is interested in such propertyand to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf

during the course of the relevant inquiry under section 4.

(2) Notwithstanding anything contained in sub-section (1),no proceeding under this Act in respect of any wakf shall

be stayed by reason only of the pendency of any such suit or of appeal or other proceeding arising out of such suit.

(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or

other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done

in pursuance of this Act or any rules made thereunder.

(4) The list of wakfs shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), befinal and conclusive.

(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or

commenced in a court in that State in relation to any question referred to in sub-section (1).

7.Power of Tribunal to determine disputes regarding wakfs: If, after the commencement of this act, any question

arises, whether a particular property specified as wakf property in a list of wakfs is wakf property or not, or whether

a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, or any personinterested therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the

question and the decision of the Tribunal thereon shall be final:

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Provided that-

(a) in the case of the list of wakfs relating to any part of the State and published after the

commencement of this Act no such application shall be entertained after the expiry of one yearfrom the date of publication of the list of wakfs;

and

(b) in the case of the list of wakfs relating to any part of the State and published at any time within

a period of one year immediately preceding the commencement of this Act, such an application

may be entertained by Tribunal within the period of one year from such commencement:

Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted

before such commencement, the Tribunal shall not re-open such question.

(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding

under this section in respect of any wakf shall be stayed by any court, tribunal or other authority by reason only of

the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal

or other proceeding.

(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1).

(4) The list of wakfs and where any such list is modified in pursuance of a decision of the Tribunal under sub-

section (1), the list as so modified, shall be final.

(5) The Tribunal shall not have jurisdiction by reason to determine any matter which is the subject-matter of any suit

or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencementof this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any

such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as

the case may be.

8.Recovery of costs of survey:(1) The total cost of making a survey including the cost of publication of the list orlists of wakfs under this Chapter shall be borne by all the mutawalli of the wakfs the net annual income whereof

exceeds five hundred rupees, in proportion to the net annual income accruing in the State to such wakfs, such

proportion being assessed by the Survey Commissioner.

(2) Notwithstanding anything contained in the deed or instrument by which the wakf was created, any mutawalli

may pay from the income of the wakf any sum due from him under sub-section (1).

(3) Any sum due from a mutawalli under sub-section (1) may, on a certificate issued by the State Government, be

recovered from the property comprised in the wakf in the same manner as an arrear of land revenue.

CHAPTER III

CENTRAL WAKF COUNCIL

9.Establishment and constitution of Central Wakf Council:(1) For the purpose of advising it, on matters

concerning the working of Boards and the due administration of wakfs, the Central Government may, by notification

in the Official Gazette, establish a Council to be called the Central Wakf Council.

(2) The Council shall consist of-

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(a) the Union Minister in charge of wakfs - ex officio Chairperson;

(b) the following members to be appointed by the Central Government from amongst Muslims,

namely: -

(i) three persons to represent Muslim organisations having all India character

and national importance;

(ii) four persons of national eminence of whom two shall be from amongst

persons having administrative and financial expertise;

(iii) three Members of Parliament of whom two shall be from the House of the

People and one from the Council of States;

(iv) chairpersons of three Boards by rotation;

(v) two persons who have been Judges of the Supreme Court or a High Court;

(vi) one advocate of national eminence;

(vii) one person to represent the mutawallis of the wakf having a gross annual

income of rupees five lakhs and above;

(viii) three persons who are eminent scholars in Muslim Law.

(3) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of

filling casual vacancies among, members of the Council shall be such as may be prescribed by rules made by theCentral Government.

10.Finance of Council:(1) Every Board shall pay from its Wakf Fund annually to the Council such contribution as

is equivalent to one percent, of the aggregate of the net annual income of the wakfs in respect of which contribution

is payable under sub-section (1) of section 72:

Provided that where the Board, in the case of any particular wakf has remitted under sub-section (2) of section 72

the whole of the contribution payable to it under sub-section (1) of that section, then for calculating the contribution

payable to the Council under this section the net annual income of the wakf in respect of which such remission has

been granted shall not be taken into account.

(2) All monies received by the Council under sub-section (1) and all other monies received by it as donations,

benefactions and grants shall form a fund to be called the Central Wakf Fund.

(3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be

under the control of the Council and may be applied for such purposes as the Council may deem fit.

11.Accounts and audit:(1) The Council shall cause to be maintained such books of account and other books in

relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central

Government.

(2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by theCentral Government.

(3) The costs of the audit shall be paid from the Central Wakf Fund.

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12.Power of Central Government to make rules: (1) The Central Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all orany of the following matters, namely: -

(a) the term of office of, the procedure to be followed in the discharge of their functions by, andthe manner of filling casual vacancies among, the members of the Council;

(b) control over and application of the Central Wakf Fund;

(c) the form and manner in which accounts of the Council be maintained

(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made,

before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in

one session or in two or more successive sessions, and if, before the expiry of the session immediately following, the

session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both House

agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no

effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule.

CHAPTER IV

ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS

13.Incorporation:(1) With effect from such date as the State Government may, by notification in the Official

Gazette, appoint in this behalf, there shall be established a Board of Wakfs under such name as may be specified inthe notification.

(2) Notwithstanding anything contained in sub-section (1), if the Shia wakfs in any State constitute in number more

than fifteen percentof all the wakfs in the State or if the income of the properties of the Shia wakfs in the State

constitutes more than fifteen percent of the total income of properties of all the wakfs in the State, the StateGovernment may, by notification in the Official Gazette, establish a Board of Wakfs each for Sunni wakfs and for

Shia wakfs under such names as may be specified in the notification.

(3) The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and

hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and

shall by the said name sue and be sued.

14.Composition of Board:(1) The Board for a State and the Union territory of Delhi shall consist of-

(a) a Chairperson;

(b) one and not more than two members, as the State government may think fir, to be elected fromeach of the electoral colleges consisting of-

(i) Muslim Members of Parliament from the State or, as the case may be, the

Union territory of Delhi,

(ii) Muslim Members of the State Legislature,

(iii) Muslim Members of the Bar Council of the State, and

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(iv) mutawallis of the wakfs having an annual income or rupees one lakh and

above;

(c) one and not more than two members to be nominated by the State Government representingeminent Muslim organisations;

(d) one and not more than two members to be nominated by the state Government, each fromrecognised scholars in Islamic Theology,

(e) an officer of the State government not below the rank of Deputy Secretary.

(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of

proportional representation by means of a single transferable vote, in such manner as may be prescribed:

Provided that where the number of Muslim Member of Parliament, the State Legislature of the State Bar council, as

the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board:

Provided further that where there are no Muslim Members in any or the categories mentioned in sub-clauses (I) to

(iii) of clause (b) of sub-section (1), the ex-Muslim Members of Parliament, the State Legislature or ex-member ofthe State Bar Council, as the case may be, shall constitute the electoral college.

(3) Notwithstanding anything contained in this section, where the State government is satisfied, for reasons to be

recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories

mentioned in sub-clause (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such

persons as the members of the Board as it deems fit.

(4) The number of elected members of the Board shall, at all times, be more than the nominated members of theBoard except as provided under sub-section (3).

(5) where there are Shia wakfs but no separate Shia Wakfs Board exists, at least one of the members from the

categories listed in sub-section (1), shall be a Shia Muslim.

(6) In determining the number of Shia member or Sunni members of the Board, the State Government shall have

regard to the number and value of Shia wakfs and Sunni wakfs to be administered by the Board and appointment of

the members shall be made, so far as may be, in accordance with such determination.

(7) In the case of the Union territory other than Delhi, the Board shall consist of not less than three and not more

than five members to be appointed by the Central Government from amongst the categories of persons specified in

sub-section (1):

Provided that there shall be one mutawalli as the member of the Board.

(8) Whenever the Board is constituted or re-constituted, the members of the Board present at a meeting convened for

the purpose shall elect one from amongst themselves as the Chairperson of the Board.

(9) The members of the Board shall be appointed by the State Government by notification in of Official Gazette.

15.Term of office: The members of the Board shall hold office for a term of five years.

16.Disqualification for being appointed, or for continuing as, a member of the Board:A person shall be

disqualified for being appointed, or for continuing as, a member of the Board if-

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(a) he is not a Muslim and is less than twenty-one years of age;

(b) he is found to be a person of unsound mind;

(c) he is an undischarged insolvent;

(d) he has been convicted of an offence involving moral turpitude and such conviction has notbeen reversed or he has not been granted full pardon in respect of such offence;

(e) he has been on a previous occasion-

(i) removed from his office as a member or as a mutawalli, or

(ii) removed by an order of a competent court tribunal from any position of trust

either for mismanagement or for corruption.

17.Meetings of the Board: (1) The Board shall meet for the transaction of business at such time and places as may

be provided by regulations.

(2) The Chairperson, of in his absence, any member chosen by the members from amongst themselves shall preside

at a meeting of the Board.

(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board shall be decided

by a majority of votes of the members present, and in the case of equality of votes, the Chairperson or, in his

absence, any other person presiding shall have a second or casting vote.

18.Committees of the Board:(1) The Board may, whenever it considers necessary, establish either generally or fora particular purpose or for any specified area or areas committees for the supervision of wakfs.

(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to

time by the Board;

Provided that it shall not be necessary for the members of such committees to be members of the Board.

19.Resignation of Chairperson and members: The Chairperson or any other member may resign his office by

writing under his hand addressed to the State Government:

Provided that the Chairperson or the member shall continue in office until the appointment of his successor is

notified in the Official Gazette.

20.Removal of Chairperson and member:(1) The State Government may, by notification in the Official Gazette,

remove the Chairperson of the Board or any member thereof if he-

(a) is or becomes subject to any disqualifications specified in section 16; or

(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after

hearing any explanation that he may offer, considers to be prejudicial to the interests of the wakfs;

or

(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without

sufficient excuse.

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(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a member of the

Board.

21.Filling of a vacancy: When the seat of member becomes vacant by his removal, resignation, death or otherwise,a new member shall be appointed in his place and such member shall hold office so long as the member whose place

he fills would have been entitled to hold office, if such vacancy had not occurred.

22.Vacancies etc., not to invalidate proceedings of the Board: No act or proceeding of the Board shall be invalid

by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

23.Appointment of Chief Executive Officer and his term of office and other conditions of service:(1) There

shall be Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the StateGovernment, in consultation with the Board, by notification in the Official Gazette.

(2) The term of office and other conditions of service of the chief Executive Officer shall be such as may be

prescribed.

(3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative

control of the Board.

24.Officers and other employees of the Board:(1) The Board shall have the assistance of such number of officers

and other employees as may be necessary for the efficient performance of its functions under this Act, details thereof

shall be determined by the Board in consultation with the State Government.

(2) The appointment of officers and other employees, their term of office and conditions of service shall be such as

may be provided by regulations.

25.Duties and powers of Chief Executive Officer:(1) Subject to the provisions of this Act and of the rules made

thereunder and the directions of the Board, functions of the chief Executive Officer shall include-

(a) investigating the nature and extent of wakfs and wakf properties and calling whenever

necessary, an inventory of wakf properties and calling, from time to time for accounts, returns andinformation from mutawallis;

(b) inspecting or causing inspection of wakf properties and account, records, deeds or documentsrelating thereto;

(c) doing generally of such acts as may be necessary for the control, maintenance and

superintendence of wakfs.

(2) In exercising the powers of giving directions under sub-section (1) in respect of any wakf, the Board shall act in

conformity with the directions by the wakf in the deed of the wakf, the purpose of wakf and such usage and customs

of the wakf as are sanctioned by the school of Muslim law to which the wakf belongs.

(3) Save as otherwise expressly provided in this Act, the chief Executive Officer shall exercise such powers and

perform such duties as may be assigned to him or delegated to him under this Act.

26.Powers of Chief Executive officer in respect of orders or resolutions of Board: Where the Chief Executive

Officer considers that an order or resolution passed by the Board-

(a) has not been passed in accordance with the law; or

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(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by

any other law; or

(c) if implemented, is likely to-

(i) cause financial loss to the Board or to the concerned wakf or to the wakfs

generally; or

(ii) lead to a riot or reach of peace; or

(iii) cause danger to human life, health or safety; or

(d) is not beneficial to the Board or to any wakf or to wakfs generally,

he may, before implementing such order or resolution place the matter before the Board for its reconsideration and,

if such order or resolution is not confirmed by a majority of vote of the members present and voting after such

reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the

decision of the State Government thereon shall be final.

27.Delegation of powers by the Board: The Board may, by a general or special order in writing, delegate to the

Chairperson, any other members, the secretary or any other officer or servant of the Board or any area committee,

subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under

this Act, as it may deem necessary.

28.Chief Executive Officer to exercise powers through Collectors, etc:(1) Subject to the provisions of this Act

and of the rules made thereunder, the Chief Executive officer may exercise all or any of the powers conferred on

him by or under this Act with the previous approval of the board through the commissioner of the division or theCollector of the district in which the concerned wakf property is situated or through any other Gazetted Officer

whom he may appoint for such purpose and may, from time to time, delegate any of his powers to any such

Commissioner of the divisions or Collector or any other Gazetted Officer and may, at any time revoke the

delegations so made by him.

(2) Where any delegation of powers is made by the chief Executive Officer under sub-section (1), the person to

whom such delegation is made may exercise those powers in the same manner and to the same extent as if they have

been conferred on him directly by this Act and not by way of delegation.

29.Powers of Chief Executive Officer to inspect records, registers, etc.: The Chief Executive Officer or any

officer of the Board duly authorised by him in this behalf shall, subject to such conditions and restrictions as may be

prescribed and subject to the payment of such fees as may be leviable under any law for the time being in force, be

entitled at the reasonable time to inspect, in any public office, any records, registers or other documents relating to a

wakf or movable or immovable properties which are wakf properties or are claimed to be wakf properties.

30.Inspection of records:(1) The Board may allow inspection of its proceedings or other records in its custody and

issue copies of the same on payment of such fees and subject to such conditions as may be prescribed.

(2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board in the manner

provided in section 76 of the Indian Evidence Act, 1872.(1 of 1872)

(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such other officer

or officers of the Board as may either generally or specially be authorise in this behalf by the Board.

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31.Prevention of disqualification for membership on Parliament: It is hereby declared that the office of the

Chairperson or members of a Board shall not be disqualified and shall be deemed never to have been disqualified for

being chosen as, or being, a Member of Parliament.

32.Powers and function of the Board:(1) Subject to any rules that may be made under this Act, the general

superintendence of all wakfs in a State shall best in the Board established or the State; and it shall be the duty of the

Board so to exercise its powers under this Act as to ensure that the wakfs under its superintendence are propertymaintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes

for which such wakfs were created or intended:

Provided that in exercising its powers under this Act in respect of any wakf, the Board shall act in conformity with

the directions of the wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of

Muslim law to which the wakf belongs.

Explanation: For the removal of doubts, it is hereby declared that in this sub-section, "wakf" includes a wakf in

relation to which any scheme has been made by any court of law, whether before or after the commencement of this

Act.

(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be-

(a) to maintain a record containing information relating to the origin, income, object and

beneficiaries of every wakf;

(b) to ensure that the income and other property of wakfs are applied to the objects and for the

purposes for which such wakfs were intended or created;

(c) to give directions for the administration of wakfs;

(d) to settle schemes of management for a wakfs;

Provided that no such settlement shall be made without giving the parties affected an opportunity

of being heard;

(e) to direct-

(i) the utilisation of the surplus income of a wakf consistent with the objects of a

wakf;

(ii) in what manner the income of a wakf, the objects of which are not evidence

from any written instrument, shall be utilized,

(iii) in any case where any object of wakf has ceased to exist or has becomeincapable of achievement, that so much of the income of the wakf as was

previously applied to that object shall be applied to any other object, which shallbe similar, or nearly similar or to the original object or for the benefit of the poor

or for the purpose of promotion of knowledge and learning in the Muslim

community:

Provided that no direction shall be given under this clause without giving the

parties affected an opportunity of being heard.

Explanation: For the purpose of this clauses, the powers of the Board shall be exercised-

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(i) in the case of a Sunni wakf, by the Sunni members of the Board only; and

(ii) in the case of a Shia wakf, by the Shia members of the Board only:

Provided that where having regard to the number of the Sunni or Shia members

in the Board and other circumstances, it appears to the Board that the power

should not e exercised by such members only, it may co-opt such other Muslimsbeing Sunnis or Shias, as the case may be, as it thinks fit, to be temporary

members of the Board for exercising its powers under this clause;

(f) to scrutinise and approve the budgeis submitted by mutawallis and to arrange for the auditing

of account of wakfs;

(g) to appoint and approve and remove mutawats in accordance with the provisions of this Act;

(h) to take measures for the recovery of lost properties of any wakf;

(i) to institute and defend suits and proceedings relating to wakfs;

(j) to sanction any transfer of immovable property of a wakf by way of sale, gift, mortgage,

exchange or lease, in accordance with the provisions of this Act:

Provided that no such sanction shall be given unless at least two-thirds of the members of the

Board vote in favour of such transaction;

(k) to administer the Wakf Fund;

(l) to call for such returns, statistics, accounts and other information from the mutawallis with

respect to the wakf property as the Board may, from time to time, require;

(m) to inspect, or cause inspection of, wakf properties, accounts, records or deeds and documents

relating thereto;

(n) to investigate and determine the nature and extent of wakf and wakf property, and to cause,

whenever necessary, a survey of such wakf property;

(o) generally do all such acts as may be necessary for the control, maintenance and administration

of wakfs.

(3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e)

of sub-section (2), any person interested in the wakf or affected by such settlement or direction may institute a suit ina Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final.

(4) Where the Board is satisfied that any wakf land, which is a wakf property, offers a feasible potential fordevelopment as a shopping centre, market, housing flats and the like, it may serve upon the mutawalli of the

concerned wakf a notice requiring him within such time, but not less than sixty days, as may be specified in the

notice, to convey its decision whether h is willing to execute the development works specified in the notice.

(5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it issatisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of

the notice, it may, with the prior approval of the Government, take over the property, clear if of any building or

structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works

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from Wakf funds or from the finances which may be raised on the security of the properties of the wakf concerned,

and control and manage the properties till such time as all expenses incurred by the Board under this section,

together with interest thereon, the expenditure on maintenance of such works and other legitimate changes incurred

on the property are recovered from the income derived from the property:

Provided that the Board shall compensate annually the mutawalli of the concerned wakf to the extent of the average

annual net income derived from the property during the three years immediately preceding the taking over of theproperty by the Board.

(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed

properties, the developed properties shall be handed over to mutawalli of the concerned wakf.

33.Powers of inspection by Chief Executive Officer of persons authorised by him:(1) With a view to examining

whether, by reason of any failure or negligence on the part of a mutawalli in the performance of his executive or

administrative duties, any loss or damage has been caused to any wakf or wakf property, the Chief Executive Officer

with the prior approval of the Board, either himself or any other person authorised by him in writing in this behalf,

may inspect all movable and immovable properties, which are wakf properties, and all records, correspondences,

plans, accounts and other documents relating thereto.

(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli and all officers,and other employees working under him and every person connected with the administration of the wakf shallextend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably

required by him to carry out such inspection, and shall also produce for inspection any movable property or

documents relating to the wakf as may be called for by the person making the inspection and furnish to him such

information relating to the wakf as may be required by him.

(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who

is or was working under him has mis-appropriated, misapplied or fraudulently retained, any money or other wakfproperty, or had incurred irregular, unauthorised or improper expenditure from the funds of the wakf, the chief

Executive Officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing

cause why an order for the recovery of the amount or property, should not be passed against him and after

considering such explanation, if any, as such person may furnish, determine the amount or the property, which has

been mis-appropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improperexpenditure incurred by such person, and make an order directing such person to make payment of the amount so

determined and to restore the said property to the wakf, within such time as maybe specified in the order.

(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order,appeal to the Tribunal:

Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits with the Chief

Executive Officer the amount which has been determined under sub-section (3) as being payable by the appellant

and the Tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of

the order made by the Chief Executive Officer under sub-section (3).

(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made bythe chief Executive Officer under sub-section (3) or may remit, either in whole or in part, the amount specified in

such order nay may make such orders as to costs as it may think appropriate in the circumstances of the case.

(6) The order made by the Tribunal under sub-section (5) shall be final.

34.Recovery of the amount determined under section 33:Where any mutawalli or other person who has been

ordered, whether under sub-section (3) or sub-section (5) of section 33, to make any payment or to restore the

possession of any property, omits or fails to make such payment or restoration within the time specified in such

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order, the Chief Executive officer, with the prior approval of the Board shall, take such steps as he may think fit for

the recovery of possession of the property aforesaid and shall also send a certificate to the Collector of the district in

which the property of such mutawalli or other person is situate, stating therein the amount that has been determined

by him or by the Tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person,

and, thereupon, the Collector shall recover the amount specified in such certificate as if it were an arrear of landrevenue and on the recovery of such amount, pay the same to the Chief Executive Officer, who shall, on receipt

thereof, credit the amount to the funds of the concerned wakf.

35.Conditional attachment by Tribunal:(1) Where the Chief Executive Officer is satisfied that the mutawalli or

any other person who has been ordered under sub-section (3) or sub-section (5) of section 33 to make any payment,

with intent to defeat or delay the execution of the said order, -

(a) is about to dispose of the whole or any part of his property; or

(b) is about to remove the whole or any part of his property from the jurisdiction of this Chief

Executive Officer,

he may, with the prior approval of the Board, apply to the Tribunal for the conditional attachment of the said

property or such part thereof, as he may think necessary.

(2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application the property

required to be attached and the estimated value thereof.

(3) The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by

it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the

Tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to

satisfy the amount specified in the certificate referred to in section, 34, or to appear and show cause why he shouldnot furnish such security.

(4) The Tribunal may also in the order direct the conditional attachment of the whole or any portion of the property

so specified.

(5) Every attachment made under this section shall be made in accordance with the provisions of the code of Civil

Procedure, 1908, (5 of 1908) as if it were an order for attachment made under the provisions of the said Code.

CHAPTER V

REGISTRATION OF WAKFS

36.Registration:(1) Every wakf, whether created before or after the commencement of this Act, shall be registered

at the office of the Board.

(2) Application for registration shall be made by the mutawalli;

Provided that such applications may be made by the wakf or his descendants or a beneficiary of the wakf or any

Muslim belonging to the sect to which the wakf belongs.

(3) An application for registration shall be made in such form and manner and at such place as the Board may by

regulation provide and shall contain following particulars: -

(a) a description of the wakf properties sufficient for the identification thereof:

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(b) the gross annual income form such properties;

(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the wakf

properties;

(d) an estimate of the expense annually incurred in the realisation of the income of the wakf

properties;

(e) the amount set apart under the wakf for-

(i) the salary of the mutawalli and allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(f) any other particulars provided by the Board by regulations.

(4) Every such application shall be accompanied by a copy of the wakf deed or if no such deed has been executed ora copy there of cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the

origin, nature and objects of the wakf.

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner

provided in the Code of Civil Procedure, 1908(5 of 1908) for the signing and verification of pleading.

(6) The Board may require the applicant to supply any further particulars or information that it may consider

necessary.

(7) On receipt of an application for registration, the Board may, before the registration of the wakf make such

inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any

particulars therein and when the application is made by any person other than the person administering the wakf

property, the Board shall, before registering the wakf, give notice of the application to the person administering the

wakf property and shall hear him if he desires to be heard.

(8) In the case of wakfs created before the commencement of this Act, every application for registration shall be

made, within three months from such commencement and in the case of wakfs created after such commencement,

within three months from the date of the creation of the wakf;

Provided that where there is no board at the time of creation of a wakf, such application will be made within three

months from the date of establishment of Board.

37. The Board shall maintain a register of wakfs which shall contain in respect of each wakf copies of the wakf

deeds, when available and the following particulars, namely: -

(a) the class of the wakf;

(b) the name of the mutawalli;

(c) the rule of succession to the office of mutawalli under the wakf deed or by custom or by usage;

(d) particulars of all wakf properties and all title deeds and documents relating thereto;

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(e) particulars of the scheme of administration and the scheme of expenditure at the time of

registration;

(f) such other particulars as may be provided by regulations.

38. (1) Notwithstanding anything contained in this Act, the Board may, if it is of the opinion that it is necessary so to

do in the interests of the wakf, appoint on whole-time or part-time basis or in an honorary capacity, subject to suchconditions as may be provided by regulations, an Executive Officer with such supporting staff as it considers

necessary for any wakf having a gross annual income of not less than five lakhs rupees:

Provided that the persons chosen for appointment should be a person professing Islam.

(2) Every Executive Officer appointed under sub-section 91) shall exercise such powers and discharge such duties as

pertain only to the administration of the property of the wakf for which he has been appointed and shall exercise

those powers and discharge those duties under the directions, control and supervisions of the Board.

Provided that the Executive Officer who is appointed for a wakf having a gross annual income of not less than five

lakhs rupees shall ensure that the budget of the wakf is submitted, the accounts of the wakf are regularly maintained,

and the yearly statement of accounts are submitted within such time as the Board may specify.

(3) While exercising his powers and discharging his functions under sub-section (2), the Executive Officer shall not

interfere with any religious duties or any usage or custom of the wakf sanctioned by the Muslim law.

(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and in fixing the

quantum of such salary the Board shall have due regard to the income of the wakf, the extent and nature of the duties

of the Executive Officer and shall also ensure that the amounts of such salaries and allowances are not

disproportionate to the income of the wakf and do not operate as an unnecessary financial burden on it.

(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from the Wakf

Fund and, if the wakf generates any additional income as a result of appointment of the Executive Officer, the Board

may claim reimbursement of amounts spend on the salaries and allowances from the fund of the wakf concerned.

(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of his staff, a

reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a member of his staff

from his post.

(7) Any Executive Officer or a member of his staff who is aggrieved by any order of removal or dismissal made

under sub-section (6) may, within thirty days from the date of communication of the order, prefer an appeal against

the order to the Tribunal and the Tribunal may, after considering such representation as the Board may make in the

matter, and after giving a reasonable opportunity to the Executive Officer or a member of his staff of being heard,

confirm, modify or reverse the order.

39.Power of Board in relation to wakf which have ceased to exist:(1) The Board shall, if it is satisfied that the

objects or any part thereof, of a wakf have ceased to exist, whether such cesser took place before or after the

commencement of this Act, cause an inquiry to be held by the Chief Executive Officer, in the prescribed manner toascertain the properties and funds pertaining to such wakf.

(2) On the receipt of the report of inquiry of the Chief Executive Officer, the Board shall pass an order-

(a) specifying the property and funds of such wakf;

(b) directing that any property or funds pertaining to such wakf which have been recovered shall

be applied or utilised for the renovation of any wakf property and where there is no need for

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making any such renovation or where utilisation of the funds for such renovation is not possible,

be appropriated, to any of the purposes specific in sub-clause (iii) of clause (e) of sub-section (2)

of section 32

(3) The Board may, if it has reason to believe that any building or other place which was being used for religious

purpose or instruction or for charity has, whether before or after the commencement of this Act, ceased to be used

for that purpose, make an application to the Tribunal for an order directing the recovery of possession of suchbuilding or other place.

(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building or other

place-

(a) is wakf property;

(b) has not been acquired under any law for the time being in force relating to acquisition of land

or is not under any process of acquisition under any such law, or has not vested in the State

Government under any law for the time being in force relating to land reforms; and

(c) is not in the occupation of any person who has been authorised by or under any law for the

time being in force to occupy such building or other place, make an order-

(i) directing the recovery of such building or place from any person who may be

in unauthorised possession thereof, and

(ii) directing that such property, building or place be used for religious purpose

or instruction as before, or if such use is not possible, be utilised for any purpose

specified in sub-clause (iii) of clause (e) of sub-section (2) of section 32.

40.Decision if a property is wakf property: (1) The Board may itself collect information regarding any property

which it has reason to believe to be wakf property and if any question arises whether a particular property is wakf

property or not or whether a wakf is a Sunni wakf or a Shia wakf it may, after making such inquiry as it may deem

fit, decide the question.

(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal,

be final,.

(3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the

Indian Trusts Act, 1882(2 of 1882) or under the Societies Registration act, 1860(21 of 1860) or under any other Act,

is wakf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such

property

and if after such inquiry the Board is satisfied that such property is wakf property, call upon the trust or society, asthe case may be, either to register such property under this act as wakf property or show cause why such property

should not be so registered;

Provided that in all such case, notice of the action proposed to be taken under this sub-section shall be given to the

authority by whom the trust or society had been registered.

(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-

section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it isrevoked or modified by a Tribunal.

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41.Power to cause registration of wakf and to amend register: The Board may direct a mutawalli to apply for the

registration of a wakf, or to supply any information regarding a wakf or may itself cause the wakf to be registered or

may at any time amend the register of wakfs.

42.Change in the management of wakfs to be notified:(1) In the case of any change in the management of a

registered wakf due to the death or retirement or removal of the mutawalli, the incoming mutawalli shall forthwith,

and any other person may notify the change to the Board.

(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within

three months from the occurrence of the change, notify such change to the Board.

43.Wakfs registered before the commencement of this Act deemed to be registered: Notwithstanding anythingcontained in this Chapter, where any wakf has been registered before the commencement of this act, under any law

for the time being in force, it shall not be necessary to register the wakf under the provisions of this Act and any

such registration made before such commencement shall be deemed to be a registration made under this Act.

CHAPTER VI

MAINTENANCE OF ACCOUNTS OF WAKFS

44.Budget:(1) Every mutawalli of a wakf shall, in every year prepare, in such form and at such time as may be

prescribed, a budget in respect of the financial year next ensuring showing the estimated receipts and expenditure

during that financial year.

(2) Every such budget shall be submitted by the mutawalli at least ninety days before the beginning of the financial

year to the Board and shall make adequate provision for the following: -

(i) for carrying out the objects of the wakf;

(ii) for the maintenance and preservation of the wakf property;

(iii) for the discharge of all liabilities and subsisting commitments binding on the wakf under thisAct or any other law for the time being in force.

(3) The Board may give such directions for making alterations, omission or additions in the budget as it may deem

fit, consistent with the objects of the wakf and the provisions of this Act.

(4) If in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget

in regard to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit

to the Board a supplementary or a revised budget and the provisions of sub-section (3) shall, as far as may be, apply

to such supplementary or revised budget.

45.Preparation of budget of wakfs under direct management of the Board:(1) The Chief Executive Officer shall

prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuingshowing the estimated receipts and expenditure for each of the wakfs under the direct management of the Board,

showing therein the estimated receipts and expenditure and submit it to the Board for its approval.

(2) While submitting the budget under sub-section (1), the chief Executive Officer shall also prepare statement

giving details of the increase, if any, in the income of each wakf under the direct management of the Board and the

steps which have been taken for its better management and the results accruing therefrom during the year.

(3) The Chief Executive Officer shall keep regular accounts and be responsible for the proper management of every

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wakf under the direct management of the Board.

(4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with the requirements

of section 46 and, for this purpose, references therein to the mutawalli of the wakf shall be construed as preferencesto the Chief Executive Officer.

(5) The audit of accounts of every wakf under the direct management of the Board shall be undertaken by the StateExaminer of Local Funds or any other officer appointed by the State Government for this purpose, irrespective of

the income of the wakf.

(6) The provisions of sub-section (2) and (3) of section 47 and the provision of section 48 and 49 shall, in so far as

they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section.

(7) Where any wakf is under the direct management of the Board. such administrative charges as may be specified

by the Chief Executive Officer shall be payable by the wakf to the Board:

Provided that the Chief Executive Officer shall not collect more than tempercent, of the gross annual income of the

wakf under the direct management of the Board as administrative charges.

46.Submission of accounts of wakfs:(1) Every mutawalli shall keep regular accounts.

(2) Before the 1st day of May next, following the date on which the application referred to in section 36 has been

made and thereafter before the 1st day of May in every year, every mutawalli of a wakf shall prepare and furnish to

the Board a full and true statement of accounts, in such form and containing such particulars as may be provided by

regulations by the Board, of all moneys received or expended by the mutawalli on behalf of the wakf during the

period of twelve months ending on the 31st day of March, or, as the case may be, during that portion of the said

period during which the provisions of this Act, have been applicable to the wakf.

Provided that the date on which the annual accounts are to be closed may be varied at the discretion of the Board.

47.Audit of accounts of wakfs: (1) The accounts of wakfs submitted to the Board under section 46 shall be audited

and examined in the following manner, namely: -

(a) in the case of a wakf having no income or a net annual income not exceeding ten thousand

rupees, the submission of a statement of accounts shall be a sufficient compliance with theprovisions of section 46 and the accounts of two percent, of such wakfs shall be audited annually

by an auditor appointed by the Board;

(b) the accounts of the wakf having net annual income exceeding ten thousand rupees shall be

audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the

board from out of the panel of auditors prepared by the State Government and while drawing up

such panel of auditors, the State Government shall specify the scale or remuneration of auditors;

(c) the State Government may, at any time cause the account of any wakf audited by the State

Examiner of Local Funds or by any other officer designated for that purpose by that State

Government;

(2) The auditor shall submit his report to the Board and the report of the auditor shall among other things, specify all

cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect

or misconduct and any other matter which the auditor considers it necessary to report; and the report shall alsocontain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and

the auditor shall in every such case certify the amount of such expenditure or loss as due from such person.

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(3) The cost of the audit of the accounts of a wakf shall be met from the funds of that wakf;

Provided that the remuneration of the auditors appointed from out of the panel drawn by the State Government in

relation to wakfs having a net annual income of more than ten thousand rupees but less than fifteen thousand rupeesshall be paid in accordance with the scale of remuneration specified by the State Government under clause (c) sub-

section (1):

Provided further that where the audit of the accounts of any wakf is made by the State Examiner of Local Funds or

any other officer designated by the State Government in this behalf, the cost of such audit shall not exceed one and a

half percent, of the net annual income of such wakf and such costs shall be net from the funds of the wakfs

concerned.

48.Board to pass orders on auditors report:(1) The Board shall examine the auditor's report, and may call for the

explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit

including orders for the recovery of the amount certified by the auditor under sub-section (2) of section 47.

(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty days of the

receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking

such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in

whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of thecase.

(3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amount certified by the

auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and the Tribunal shall not have

any power to stay the operation of the order made by the Board under sub-section (1).

(4) The order made by the Tribunal under sub-section (2) shall be final.

(5) Every amount for the recovery of which any order has been made under sub-section (1) or sub-section (2) shall,

where such amount remains unpaid, be recoverable in the manner specified in section 34 or section 35 as if the said

order were an order for the recovery of any amount determined under sub-section (3) of section 35.

49.Sums certified to be due recoverable as arrears of land revenue:(1) Every sum certified to due from any

person by an auditor in his report under section 47 unless such certificate is modified or cancelled by an order of the

Board or of the Tribunal made under section 48, and every sum due on a modified certificate shall be paid by suchperson within sixty days after the service of a demand for the same issued by the Board.

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable may, on a

certificate issued by the Board after giving the person concerned an opportunity of being heard, be recovered in the

same manner as an arrear of land revenue.

50.Duties of mutawalli: It shall be the duty of every mutawalli-

(a) to carry out the directions of the Board in accordance with the provisions of this Act or of any

rule or order made thereunder;

(b) to furnish such returns and supply such information or particulars as may from time to time be

required by

the Board in accordance with the provisions of this Act or of any rule or order made thereunder;

(c) to allow inspection of wakf properties, accounts or records or deeds and documents relating

thereto;

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(d) to discharge all public dues; and

(e) to do any other act which he is lawfully required to do by or under this Act.

51.Alienation of wakf property without sanction of Board to be void:(1) Notwithstanding anything contained in

the wakf deed, any gift, sale or exchange mortgage of any immovable property which is wakf property, shall be void

unless such gift, sale, exchange or mortgage is effected with the prior sanction of the Board:

Provided that no mosque, dargah or khangah shall be gifted, sold, exchanged or mortgaged except in accordance

with any law for the time being in force.

(2) The Board may, after publishing in the Official Gazette, the particulars relating to the transaction referred to in

sub-section (1) and inviting any objections and suggestions with respect thereto and considering all objections and

suggestions, if any, that may be received by it from the concerned mutawalli or any other person interested in the

wakf, accord sanction to such transaction if it is of opinion that such transaction is-

(i) necessary or beneficial to the wakf;

(ii) consistent with the objects or the wakf;

(iii) the consideration thereof is reasonable and adequate;

Provided that the sale of any property sanctioned by the Board shall be effected by public auction and shall be

subject to confirmation by the Board within such time as may be prescribed:

Provided further that the Tribunal may, on the application of the aggrieved mutawalli or other person, for reasons tobe recorded by it in writing, permit such sale to be made otherwise than by public auction, if it is of opinion that it is

necessary so to do in the interest of the wakf.

(3) The utilisation or investment of the amount realised by the sale or exchange mortgage of any property shall be

made by the mutawalli subject to the approval of the Board, and where any amount has been raised by mortgage of

any such property, the mutawalli or other person shall make repayment of the mortgage-debt and obtain a dischargeof the mortgage-debt from the mortgage within such reasonable time as the Board may specify.

(4) Every approval given by the Board under sub-section (3) shall be communicated to the mutawalli and shall also

be published in the manner prescribed.

(5) The mutawalli or any other person having an interest in the wakf who is aggrieved by the decision given under

sub-section (3), may, within ninety days from the date of communication to him of such decision or the publication

of the decision, as the case may be, prefer an appeal to the Tribunal against such decisions, and, thereupon, the

Tribunal may, after giving the appellant and the Board, a reasonable opportunity of being heard, confirm, modify or

set aside such decision.

52.Recovery of wakf property transferred in contravention of section 51:(1) If the Board is satisfied, aftermaking any inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in

the register of wakf maintained under section 36, has been transferred without the previous sanction of the Board in

contravention of the provisions of section 51, it may send a requisition to the Collector within whose jurisdiction the

property is situate to obtain and deliver possession of the property to it.

(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in

possession of the property to deliver the property to the Board within a period of thirty days from the date of theservice of the order.

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(3) Every order passed under sub-section (2) shall be served-

(a) by giving or tendering the order, or by sending it by post to the person for whom it is intended;

or

(b) if such person cannot be found, by affixing the order on some conspicuous part of his last

known place of abode or business, or by giving or tendering the order to some adult male memberor servant of his family or by causing it to be affixed on some conspicuous part of the property to

which it relates:

Provided that where the person on whom the order is to be served, is a minor, service upon this guardian or upon

any adult male member or servant of his family shall be deemed to be the service upon the minor.

(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days

from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is

situate and the decisions of the Tribunal on such appeal shall be final.

(5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such

order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been

dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, usingsuch force, if any, as may be necessary for the purpose and deliver it to the Board.

(6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by

regulations.

53.Restriction on purchase of property on behalf of wakf:Notwithstanding anything contained in a wakf deed,

no immovable property shall be purchased for or on behalf of any wakf from the funds of any wakf except with the

prior sanction of the Board, and the Board shall not accord such sanction unless it considers that the acquisitions ofsuch property is necessary or beneficial to the wakf and that the price proposed to the paid therefor is adequate and

reasonable:

Provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be publishedin the Official Gazette inviting objections and suggestions with respect thereto and, the Board shall, after

considering the objections and suggestions that may be received by it from mutawalli or other persons interested in

the wakf, make such order as it may think fit.

54.Removal of encroachment from wakf property:(1) Whenever the Chief Executive Officer considers whether

on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space

or other property which is wakf property and, which has been registered as such under this Act, he shall cause to be

served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show

cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment

before the date so specified should not be made and shall also send a copy of such notice to the concerned

mutawalli.

(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.

(3) If , after considering the objections, received during the period specified in the notice, and after conducting an

inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is

wakf property and that there has been an encroachment on any such wakf property, he may, by an order, require the

encroacher to remove such encroachment and deliver possession of the land, building, space or other property

encroached upon to the mutawalli of the wakf.

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(4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief

Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or

interest in the land, building, space or other property:

Provided that no such suit shall be instituted by a person who has been let into possession of the land, building,

space or other property as a lessee, licensee or mortgage by the mutawalli of the wakf or by any other person

authorised by him in this behalf.

55.Enforcement of orders made under section 54:Where the person, ordered under sub-section (3) of section 54

to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or,

as the case may be, fails to vacate the land, building, space or other property to which the orders relates, within the

time aforesaid, the Chief Executive Officer may apply to the Sub-divisional magistrate within the local limits of

whose jurisdiction the land, building, space or other property is situated for evicting the encroacher, and thereupon,such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be,

vacate the land, building, space or other property and to deliver possession thereof to the concerned mutawalli and in

default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the

land, building, space or other property and may, for this purpose, take such police assistance as may be necessary.

56.Restriction on power to grant lease of wakf property:(1) A lease or sub-lease for any period exceeding three

years of any immovable property which is wakf property shall, notwithstanding anything contained in the deed orinstrument of wakf or in any other law for the time being in force, be void and of no effect.

(2) A lease or sub-lease for a period exceeding one year and not exceeding three years of immovable property which

is wakf property shall, not withstanding anything contained in the deed or instrument or wakf or in any other law for

the time being in force, be void and of no effect unless it is made with the previous sanction of the Board.

(3) The Board shall, in granting sanction for lease or sub-lease or renewal thereof under this section review the terms

and conditions on which the lease or sub lease is proposed to be granted or renewed and make its approval subject tothe revision of such terms and conditions in such manner as it may direct.

57.Mutawalli entitled to pay certain costs from income of wakf property: Notwithstanding anything contained

in the wakf deed, every mutawalli may pay from the income of the wakf property any expenses properly incurred by

him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any

accounts under section 46 or any information or documents required by the Board or for the purpose of enabling him

to carry out the directions of the Board.

58.Power of Board to pay dues in case of default by mutawalli:(1) Where a mutawalli refuses to pay or fails to

pay any revenue, cess, rates or taxes due to the Government or any local authority, the Board may discharge dues

from the Wakf Fund and may recover the amount so paid from the wakf property and may also recover damages not

exceeding twelve and a half percentof the amount so paid.

(2) Any sun of money due under sub-section (1) may, on a certificate issued by the Board after giving the mutawalli

concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue.

59.Creztion of reserve fund: For the purpose of making provisions for the payment of rent and of revenue, cess,rates and taxes due to the Government or any local authority, for the discharge of the expenses of the repair of the

wakf property and for the preservation of the wakf property, the Board may direct the creation and maintenance, in

such manner as it may think fit, of a reserve fund from the income of a wakf.

60.Extension of time: The Board may, if it is satisfied that it is necessary so to do, extend the time within which any

act is required to be done by the mutawalli under this Act.

61.Penalties:(1) If a mutawalli fails to-

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(a) apply for the registration of a wakfs;

(b) furnish statement of particulars of accounts or returns as required under this Act;

(c) supply information or particulars as required by the Board;

(d) allow inspection of wakf properties, accounts, records or deeds and documents relating thereto;

(e) deliver possession of any wakf property, if ordered by the Board or Tribunal;

(f) carry out the directions of the Board;

(g) discharge any public dues; or

(h) do any other act which he is lawfully required to do by or under this Act, he shall, unless he

satisfied the court of the Tribunal that there was reasonable cause for his failure, be punishable

with fine which may extend to eight thousand rupees.

(2) Notwithstanding anything contained in sub-section (1), if-

(a) a mutawalli omits or fails, with a view to concealing the existence of a wakf, to apply for its

registration under this Act, -

(i) in the case of a wakf created before the commencement of this Act, within

the period specified therefor in sub-section (8) of section 36;

(ii) in the case of any wakf created after such commencement, within three

months from the date of the creation of the wakf; or

(b) a mutawalli furnishes any statement, return or information to the Board, which he knows or

has reason to believe to be false, misleading, untrue or incorrect in any material particular.

He shall be punishable with imprisonment for a term which may extend to six months and also with fine which may

extend to fifteen thousand rupees.

(3) No court, shall take cognizance of an offence punishable under this Act save upon compliant made by the Board

or an officer duly authorised by the Board in this behalf.

(4) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any

offence punishable under this Act.

(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the fine imposed under sub-

section (1), when realised, shall be credited to the Wakf Fund.(2 of 1974)

(6) In every case where offender is convicted after the commencement of this Act, of an offence punishable under

sub-

section 91) and sentenced to a fine, the court shall also impose such term imprisonment in default of payment of the

as is authorised by law for such default.

62.Mutawalli not to spend any money belonging to wakf for self defence: No mutawalli shall spend any money

out of the funds of the wakf, of which he is the mutawalli, for meeting any costs, charges, or expenses which are or

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may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal

from office or for taking any disciplinary action against himself.

63.Power to appoint mutawalli in certain cases: When there is a vacancy in the office of the mutawalli of a wakfand there is no one to be appointed under the terms of deed of the wakf, or where the right of any person to act a

mutawalli, is disputed, the Board may appoint any person to as mutawalli for such period and on such condition as it

may think fit.

64.Removal of Mutawalli:(1) Not withstanding anything contained in any other law or the deed of wakf, the Board

may remove a mutawalli from his office if such mutawalli-

(a) has been convicted more than once of an offence punishable under section 61; or

(b) has been convicted of any offence of criminal breach of trust or any other offence involving

moral turpitude, and such conviction has not been reversed and he has not been granted full

pardon with respect to such offence; or

(c) is of unsound mind or is suffering from other mental or physical defect or infirmity which

would render him unfit to perform the functions and discharge the duties of a mutawalli; or

(d) is an undischarged insolvent; or

(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the

taking of any narcotic drugs; or

(f) is employed as a paid legal practitioner on behalf of ,or against, the wakf; or

(g) has filled without reasonable excuse, to maintain regular accounts for two consecutive years or

has failed to submit, in tow consecutive years, the yearly statement of accounts, as required by

sub-section (2) of section 46; or

(h) is interested , directly or indirectly, in a subsisting lease in respect of any wakf property, or inany contract made with, or any work being done for, the wakf or is in arrears in respect of any sum

due by him to such wakf; or

(i) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of

funds or breach of trust in relation to the wakf or in respect of any money or other wakf property;

or

(j) willfully and persistently disobeys the lawful orders made by the Central Government, State

Government, Board under any provision of this Act or rule or order made thereunder;

(k) misappropriates or fraudulently deals with the property of the wakf.

(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of

the wakf property either as a beneficiary or in any other capacity or his right, if any, as a Sajjadanashin.

(3) No action shall be taken by the Board under sub-section(1) unless it has held an inquiry into the matter in a

prescribed manner and the decision has been taken by a majority of not less than two-thirds of the members of the

Board.

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(4) A mutawalli who is aggrieved by an order passed under any of the clauses (c) to (I) of sub-section (1), may,

within one month from the date of the receipt by him of the order, appeal against the order to the Tribunal and the

decision of the Tribunal on such appeal shall be final.

(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the Board may, if it

is of opinion that it is necessary so to do in the interest of the wakf, by an order suspend such, mutawalli until the

conclusion of the inquiry.

Provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a

reasonable opportunity of being heard against the proposed action.

(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may make anapplication to the Tribunal for the appointment of a receiver to manage the wakf pending the decision of the appeal,

and where such an application is made, the Tribunal shall, notwithstanding anything contained in the Code of Civil

Procedure, 1908,(1 of 1908) appoint a suitable person as receiver to manage the wakf and direct the receiver so

appointed to ensure that the customary or religious right s of the mutawalli and of the wakf are safeguarded.

(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by order, direct the

mutawalli to deliver possession of the wakf property to the Board or any office duly authorised in this behalf or to

any person or co